Facts
This case concerns an action for enforcement of an undertaking made by one of the heirs in the division of an estate. In the division of the estate of André May, one of the heirs, Marie Merz, had undertaken to create a parking space in servitude for the benefit of a share of the house belonging to Danièle Maret. Considering it impossible to arrange this parking space, Marie Merz informed Danièle Maret that she was cancelling this undertaking. Danièle Maret then brought an action against Marie Merz before the Investigating Judge of the district of Entremont, requesting the registration of the servitude and the development of the parking space. The defendant raised the exception of lack of jurisdiction, arguing that the action arose from the contract of division of the estate and that she could avail herself of the forum provided for in Art. 59 Cst. The Investigating Judge upheld this exception and referred the plaintiff to take better action. Danièle Maret appealed this decision to the Cantonal Tribunal of Valais, which dismissed the appeal and confirmed the contested judgment. Danièle Maret then filed a nullity appeal with the Federal Tribunal.Considerations
The Federal Tribunal dismissed the appeal to the extent that it was admissible. It considered that Danièle Maret's action did not fall within the succession forum provided for in Art. 538(2) CC, as it did not concern an aspect of the liquidation of the estate between the beneficiaries, nor a title to be asserted on the inheritance or against an heir in the capacity of a debtor of a legacy or sought for another reason of a succession nature. Marie Merz's undertaking represented a personal commitment, which had indeed facilitated the division, but did not form an integral part of it.
Furthermore, the…